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09-24-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL M~ETING SEPTEMBER 24, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 24, 1996 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Norquist, Council Member Dupee, and Council Member Cole. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. IVIINLrFES The minutes of the Regular Council Meeting held September 10, 1996 and the Special Council Meeting held September 12, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT 752-754 E. Broome Street Demolition City Manager Saunders stated that the Code Enforcement Board has ordered the demolition of 752-754 E. Broome Street and three quotes have been received for demolition, with the low bid recommended, as follows: 96-207 Boykin Enterprises, Inc. William Dawson Dornall Settlemires $7,980.50 $8,250.50 $5,537.50 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to award the low bid of $5.53Z50 to Dornall Settlemires for demolition of 752-754 E. Broome Street and directed the Ci~_ Attorney_ to place a lien on the property_ in that amount. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 2 .75 MGD Sewage Treatment Plant Change Orders City Manager Saunders stated the .75 MGD sewage treatment plant is nearing comple- tion and a walk-through is scheduled later in the week. He recommended approval of Change Order No. 4 for Fabco Constructors, Inc. in the total amount of $19,893 which includes several items, including a chlorine contact chamber pipe, pilot holes for monitoring wells and line-items such as clearing and grubbing, excavation and backfill and sodding. $234 is also included as a deduction for not installing a culvert pipe. The total contract is $949,938.50, (the original estimate was $1.2 million). 96-208 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve Change Order #4 in the amount of $19,893 for Fabco Constructors, Inc. CITY ATTORNEY BAIRD'S REPORT City Attorney Baird stated that he has been requested to release a construction easment for sidewalks in the Emerald Lakes Mobile Home Park. The sidewalks have been constructed. City Manager Saunders stated there is no further need for an easement. 96-209 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to direct Ci~_ Attorney Baird to release the Emerald Lakes Mobile Home Park sidewalk easement. PUBLIC HEARING 1996-97 Ad Valorem Millage Rate - Resolution No. 913 City Manager Saunders stated the proposed millage rate is 2.979, the same rate as the last four years. This millage rate represents a 2.48 % increase over the rolled back rate. Mayor Pool read Resolution No. 913 in its entirety and opened the Public Hearing. No questions were asked and Mayor Pool closed the Public Heating. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 3 96-210 A motion was made by Council Member Cole, seconded by Council Member Dupee. and carried unanimously by roll call vote to adopt Res, No, 913 setting a millage rate of 2.979forfiscal year 1996-97. 1996-97 General Fund Budget - Resolution No. 914 City Manager Saunders stated that Resolution No. 914 will adopt the fiscal year 1996 budget for the General Fund which provides for the basic tax supported services of the City. This includes police and fire protection, maintenance of streets and sidewalks, parks and recreation, fleet maintenance, street lights, animal control, legal services and administration. Also included in this fund are monies for special activities such as the library, Chamber of Commerce and recreation and beautification projects. Mayor Pool read Resolution No. 914 by title only and opened the Public Hearing. No one spoke in favor of or in opposition to the General Fund Budget and Mayor Pool closed the Public Hearing. 96-211 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution No 914. 1996-97 Infrastructure Fund Budget, Resolution No. 915 City Manager Saunders stated that the fund receives and disburses revenues received from a county-wide lC sales tax which has been collected since 1987. Mayor Pool read Resolution No. 915 by title only and opened the Public Heating. No questions were asked and Mayor Pool closed the Public Hearing. 96-212 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No 915. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 4 1989 Sales Tax Fund Budget, Resolution No. 916 City Manager Saunters stated this is the Sales Tax Bond Fund referred to in Resolution No. 915. The fund receives revenues and disburses the revenues for payment of the bond which is part of the infrastructure bond program. Mayor Pool read Resolution No. 916 by title only and opened the Public Hearing. No comments were made and Mayor Pool closed the Public Hearing. 96-213 A motion was made by Council Member Norquist, seconded by Council Member Cole and carried unanimously by roll call vote to adopt Resolution No, 916. 1996-97 Water Fund Budget, Resolution No. 917 City Manager Saunders stated that Resolution No. 917 is the 1996-97 Water Fund Budget. It is an enterprise fund and the revenues generated will cover the expenses and any capital outlays for the water fund. Mayor Pool read Resolution No. 917 by title only and opened the Public Hearing. No questions were received and Mayor Pool closed the Public Hearing. 96-214 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 917. 1996-97 Sewer Fund Budget, Resolution No. 918 City Manager Saunders stated 'that this is an enterprise fund and the budget accounts for the sewer fund revenues and expenditures. Mayor Pool read Resolution No. 918 by title only and opened the Public Hearing. Mayor Pool closed the Public Hearing. 96-215 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No, 918. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 5 1996-97 Storm Water Fund Budget, Resolution No. 919 City Manager Saunders explained that the storm water fund is an enterprise fund that accounts for revenues and expenditures for the storm water budget. A grant of $215,000 from Lake County Water Authority for the Central is included in the budget for the Central Business District storm water project. This project will eliminate all run-off into Lake Minneola from East Avenue to West Beach. Mayor Pool read Resolution No. 919 by title only and opened the Public Hearing. No questions were received in regard to Resolution No. 919 and Mayor Pool dosed the Public Hearing. 96-216 A moa'on was made by Council Member Dupee, seconded by Council Member Cole and carried unanimously by roll call vote to adopt Resolution No. 919. 1996-97 Sanitation Fund Budget, Resolution No. 920 City Manager Saunders stated that this is an. enterprise fund that accounts for the revenues and expenditures for the sanitation department which provides garbage, trash and recycling service. Mayor Pool read Resolution No. 920 by title only and opened the Public Hearing. No questions were received and Mayor Pool closed the Public Hearing. 96-217 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried unanimously by roll call vote to adopt Resolution No. 920. 1996-97 Cemetery Perpetual Care Fund Budget, Resolution No. 921 City Manager Saunders stated that this is a perpetual care fund. All cemetery lot sales go through this fund and only dollars from interest are used to maintain the cemetery. Mayor Pool read Resolution No. 921 by title only and opened the Public Hearing. No comments were received in regard to Resolution No. 921 and Mayor Pool closed the Public Heating. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 6 96-218 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 921. VISITORS WITH BUSINESS Community Care - Resolution g911 City Manager Saunders stated that this is a request for a Conditional Use Permit to allow the temporary operation of a Community Care and Rehabilitation Center in the commercial portion of the Edgewood Lake planned unit development. Mayor Pool read Resolution No. 911 by title only and stated that the request requires that a Quasi- Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Carol Bodarni, 10501 N. Crescent Lane, Clermont. Carol Bodarni stated that they are in the process of obtaining approvals for a new building. They want to begin operation as soon as possible at a temporary site in the Edgewood Lake development. City Manager Saunders stated that the business would include an adult day care facility along with the rehabilitation center. The Edgewood Lake planned unit development location would allow this type of use as a conditional use. Surrounding land uses include commercial and professional to the north and south, and multi- family to the west. The applicants have been granted a Conditional Use Permit for the construction of a new facility in the Central Business District which is proceeding with permitting, etc. The Planning and Zoning Commission and staff recommend approval with the conditions stated in Resolution No. 911. 96-219 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 911. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 7 UNFINISHED BUSINESS Resolution No. 924 - General Fund Budget Amendments for 1995-96 City Manager Saundcrs stated that Resolution No. 924 will amend the current year general fund budget to reflect the additional funds that have been expended or approved by the Council throughout the year that were not originally included in the current year budget. Mayor Pool read Resolution No. 924 by title only and opened the public hearing. No comments were received and Mayor Pool closed the public hearing. 96-220 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution No. 924. Resolution No. 925 - Sewer Fund Budget Amendments for 1995-96 City Manager Saunders stated that Resolution No. 925 will amend the current year sewer fund budget to reflect the additional funds that have been expended or approved by the Council throughout the year that were not originally included in the current year budget. Mayor Pool read Resolution No. 925 by title only and opened the public hearing. No comments were received and Mayor Pool closed the public heating. 96-221 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 925. Resolution No. 926 - Sanitation Fund Budget Amendments for 1995-96 City Manager Saunders stated that Resolution No. 926 will amend the current year sanitation fund budget to reflect the additional funds that have been expended or approved by the Council throughout the year that were not originally included in the current year budget. Mayor Pool read Resolution No. 926 by title only and opened the public hearing. hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 8 No comments were received and Mayor Pool closed the public 96-222 ,4 motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution No. 926. Franchise Agreement - Sumter Electric Cooperative, Ordinance #316-M City Manager Saunders stated that the Council previously approved 316-M granting a franchise agreement to Sumter Electric Cooperative. Some minor language amendments have been requested by Sumter Electric which do not change the intent of the agreement and we recommend the Council's approval of the following: Page 2, Section I, the definition of Adversely Affected has been amended to place minimum losses of $15,000 on base revenues with the Grantee, but not less than $1,000 loss for the Grantor. This definition relates to Retail Wheeling which is described on Page 4, Section 5 B. Page 4, Section 5 C, the last line on the page which relates to a new Franchise payment which shall apply to the second full month following the date when a different Franchise payment has been determined. Page 7, Section 10 B, Item 3 has been eliminated. Page 8, Section 14 C, the words "by revenue account" have been deleted regarding the type of statement that must be supplied to the City. Mayor Pool read Ordinance No. 316-M by title only and opened the public hearing. No comments were received and the public hearing was closed. 96-223 ,4 motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously by roll call vote to approve the amended Ordinance No. 316-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 9 South Lake Refuse - Revised Contract for Kings Ridge City Manager Saunders stated that Council previously approved an agreement with South Lake Refuse for garbage collection in the Kings Ridge subdivision. Minor revisions to the agreement were made which have been reviewed by South Lake Refuse who has indicated final acceptance. The agreement is for one year with the specific responsibilities outlined. 96-224 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the revised one- year contract with South Lake Refuse for Kings Ridge. NEW BUSINESS Resolution//922 - Tax Exemption Ballot Question City Manager Saunders stated that if the tax exemption is approved by Clermont voters, it will be an incentive to attract new business to the area. Florida Statute 196.1995 enables municipalities to place before the voters an Ad Valorem tax exemption referendum which would grant the Council the authority to exempt new and expanding businesses from property tax on improvements to the real property. Resolution No. 922 contains the specific language that must appear on the ballot and if the Referendum passes, the City Council could exempt from property taxes up to 100% of the ass~essed value of new improvements for up to ten years. The City would still receive taxes from the existing land and any improvements that are on the land prior to the granting of the exemption. Any applications for the exemption would be considered on a case by case basis by City Council and would be subject to public hearings. The exemption will be available to industrial and manufacturing businesses, creating new jobs. Retail, commercial, and service industries do not qualify for this type of exemption. Lake County and three or four other cities in Lake County are also placing this on the November 5 ballot. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 10 Mayor Pool read Resolution No. 922 by title only and opened the public heating. Greg Homan asked if the same regulations will apply wherein no assistance is available if you build space and lease to businesses. City Manager Saunders stated the law is very clear and that situation would not meet the State's criteria. 96-225 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 922 which will place the Tax Exemption Referendum on the November 5, 1996 ballot. Resolution No. 923 - Amending the Personnel Policy of the City of Clermont City Manager Saunders stated that the proposed changes were discussed with the Council at the last workshop meeting and pertain mainly to the procedures for drug testing. The most significant change is regarding post-accident testing. In the past a mandatory drug test was required following any accident with the employee not returning to work until test results had been received. Page 5,//3 amends this mandatory post-accident testing to be required only when an accident involves a fatality or when the City employee is determined to be at fault. Reasonable suspicion must accompany any other post-accident testing. Resolution No. 923 will adopt these changes and amend the City's Personnel Policy. Mayor Pool read Resolution No. 923 by title only and opened the public hearing. No comments were made and the public hearing was closed. 96-226 A motion was made by Council Member Norquist, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 923. Plat Approvals City Manager Saunders stated that Lennar Homes has requested plat approval for Huntington, Phase II and Brighton phases subject to bonding and other required items to be incorporated on the plats. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 11 Mayor Pool advised that the plats were available for review at the front table. 96-227 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the plats subject to receiving the bond and the remaining items to place on the plats. Investment Policy Finance Director Van Zile stated that approval is requested of a formal investment policy which will allow the City to invest in areas other than Certificates of Deposit or in the Local Governments Surplus Funds Trust Fund. Without the adoption of a formal policy, the City is restricted under new legislation in investing the City's funds. The following amendments have been made since the Council reviewed the proposed document at the last workshop: Page 6, Section C-2: The maximum amount of the portfolio that can be invested in Certificate of Deposits has been changed from 30% to 50%. Section 3 regarding any one issuer has been changed from 10% to 25 %. No other changes have been made. This will give the City the flexibility to take advantage of greater potential earnings on our investments. 96-228 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to adopt the Investment Policy_. Investment Advisory Agreement with Public Financial Management, Inc. Finance Director Van Zile stated that the proposed Investment Advisory Agreement with Public Financial Management, Inc. was discussed with the Council at the last workshop. The only amendment since the workshop is on Page 2, the 5th line has been amended to eliminate the ability of PFM to give instructions to our depository for payments for the securities. All payments must be authorized by the City. 96-229 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the Investment Advisor_ Agreement with Public Financial Management, Inc. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 12 Funds Custody Agreement with SunTrust Bank Finance Director Van Zile stated an agreement is needed so that SunTrust can be our third-party custodian for the investments that the City will make following the advice of our financial advisor. This is needed for securities that are book-entry type items and no physical delivery to the City is possible. 96-230 A motion was made by Council Member Norquist, seconded by Council Member Dupee, and carried unanimously to approve the Funds Custody. Agreement with SunTrust Bank. Bid Award - Hancock Road Improvements City Manager Saunders stated that two bids have been received for Hancock Road repairs, as follows: Trac Road Builders I_em Bryant Land Clearing $23,093.00 $16,512.50 City Manager Saunders stated that a portion of these repairs are required due to pavement that was disturbed during the construction of our water and sewer lines in this area. A second part of the job will be to over-lay the intersection of Hancock Road and Johns Lake Road which was a requirement of Lake County for the open cut required to extend our lines south to our plant. 96-231 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to award the Hancock Road repair bid to Leto Bryant Land Clearing for $I6,512.50. AUDIENCE COMMENTS Greg Homan and Rick Salantrus presented their initial plans for a day-long theme park event at the Citrus Tower on December 14 with music, pyrotechnics, and food. They will request approval for the event at a later meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 24, 1996 Page 13 Council Workshop Council Members agreed to hold a Council Workshop on Thursday, October 3, 1996 at 6:30 p.m. in the Conference Room at City Hall. There being no further business or discussion, the meeting adjourned at 8:48 p.m. Attest: Robert A. Pool, Mayor